DRAFT ADMINISTRATION FLOOR POSITION ON THE HOUSE DRUG BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001500090001-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 27, 2016
• Document Release Date: August 23, 2012
• Sequence Number: 1
• Publication Date: August 29, 1988
• Content Type: MEMO

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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINC3TON, D.C. 20503
August 29, 1988
SPECIAL
TO: DEPARTMENT OF JUSTICE GRACE MASTALLI
DEPARTMENT OF THE TREASURY LINDA KAUFMANN 5668523
DEPARTMENT OF STATE BRONWYN BACHRACH
CENTRAL INTELLIGENCE AGENCY
NATIONAL SECURITY COUNCIL
DEPARTMEN'~ OF HEALTH AND HUMAN
SERVICES
DEPARTMENT OF TRANSPORTATION TOM HERLIHY
NATIONAL DRUG POLICY BOARD
DEPARTMENT OF DEFENSE
DEPARTMENT OF EDUCATION
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
FROM: GREG JONES, OMB 395-3454
SUBJECT: Draft Administration Floor Position on the House '
Drug Bill
Please provide comments on~the attached draft floor position
on the House drug bill by 5 PM 'tod'ay. It is virtually the
same as one prepared earlier this month (August 8th) for the ?
Rules Committee; that earlier version was not sent, however.
Note: Per White House Legislative Affairs we are addressing
only those amendments to be offered that we know the=?:~Administration
~~
cc: Ken Schwartz Tracy Davis Kevin Cummings
Frank Kalder Jeff Hylton
Lana Hurdle Todd Grams
Jim Fish John Carnevale
Phyllis Scheinberg Donna Fossum
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STATEMENT OF ~RA~T
ADMINISTRATION
POLICY August 29, 1988
(House)
H.R. 5210 - Omnibus Drug Initiative Act of 1988
(Foley (D) Washington and Michel (R) Illinois)
The Administration supports legislation to strengthen and improve
the Nation's anti-drug abuse laws, especially efforts to achieve
the six major goals outlined by the President in 1986:
-- Drug-free workplaces for all Americans;
-- Drug-free schools, from the elementary through
post-secondary levels;
-- Expanded treatment for drug users;
-- Strengthened drug law enforcement;
-- Increased international narcotics cooperation; and
-- Increased public awareness and prevention.
The Administration has approved the policy recommendations
prepared by the National Drug Policy Board, which focused'on:
the illegal drug user; tougher laws; enhanced treatment;
increased international cooperation; better tracking of demand
and supply reduction activities; and heightened drug abuse
awareness and prevention.
The Administration recognizes the need to fund drug-related
programs and therefore opposes any reduction in such funding
requested by the President in his FY 1989 budget submission.
Additional funding or earmarks for drug-related programs that are
not consistent with the terms of last year's Bipartisan Budget
Agreement must be accompanied by equal offsets. The
Administration will work with Congress in a bipartisan effort to
identify offsets.
As a general matter, the Administration opposes provisions in
this bill that would shift block grant authorities back to
restrictive categorical grants, that would detract from the
Administration's "zero tolerance" policy, and that would provide
the Federal Aviation Administration (FAA) with budgetary and
legislative bypasses by requiring the FAA to submit budgetary and
legislative materials to Congress at the same time they are
submitted to the Department of Transportation and/or the Office
of Management and Budget.
With respect to the specific amendments to be offered to
H.R. 5210, the Administration opposes the following proposals:
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-- The Broomfield amendment regarding increased use of
intelligence capabilities. This provision is unnecessary.
-- The Levin amendment to prohibit imposition of the death
penalty on a person who is mentally retarded. This amendment
is unnecessary; a person's state of mind is already
considered in determining whether he or she possessed the
requisite intent to commit an offense.
-- The Edwards amendment to add additional restrictions on
impositio of the death penalty. These proposals would
needlessly weaken the bill's death penalty provisions
(contained in the Gekas amendment).
-- The Conyers amendment regarding representation of indigent
defendants. Indigent defendants already have adequate access
to counsel; additional representation is not necessary.
-- The Ortiz amendment to permit greater access by State and
local governments to the Justice and Customs Forfeiture
Funds. Current law already permits equitable sharing with
State and local governments in certain situations; this
provision would provide such governments with an
inappropriate windfall.
-- The Studds amendment to prohibit the forfeiture of a vessel,
vehicle or aircraft for a drug-related offense without the
knowledge or consent of the owner. The Administration
vigorously opposes proposals of this nature, which would
reduce the impact of the Administration's zero tolerance
policy.
-- The Pepper amendment to authorize a local police department
demonstration grant program in Dade County and Miami Beach,
Florida. "Earmarked" grant programs of this nature are
unwise and inappropriate.
-- The Davis amendment concerning vessel identification. This
provision would rewrite much of the current law on vessel
documentation in a confusing, vague, and technically flawed
way.
-- The Johnson/Dorgan amendment to authorize grants to States
that adopt certain measures to combat drunk driving. A grant
program of this nature is unnecessary and contrary to
principles of federalism. Many States have already taken
significant steps to crack down on drunk driving.
-- The Anderson amendment to authorize grants to States that
adopt certain drug enforcement programs. See previous item.
-- The McCollum amendment requiring the revoc~-~tion or suspension
of drivers licenses for drug-related offenses, with funds to
be withheld from States that do not comply. See previous
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~ ~, _ ~.
DRAFT
items.
-- The Hughes amendments concerning the distribution of anabolic
steroids. This provisi n ~s unnecessary.
-- The Bliley amendment concerning the certification of private
clinical laboratories that conduct drug tests. This
amendment is not needed; there s a voluntary certification
process already available in the private sector.
-- The Alexander amendment concerin the disclosure of ille al
foreign drug activ ties. This amendment is not necessary.
The Administration would support -- and recommends that the bill
be amended -- to achieve the following three reforms, each of
which has been sought by the President throughout his
Administration:
-- Imposition of the death penalty in serious and appropriate
cases;
-- Repeal of the so-called "exclusionary rule;" and
-- Reform of Federal habeas corpus procedures.'
The Administration looks forward to working with Congress'to pass
and present to the President an acceptable legislative package,
with such other amendments as may be mutually agreed upon, before
.the~end of this year. The President has called for an
Executive-Legislative Bipartisan Task Farce to determine the
details of this legislation and is awaiting the appointment of
congressional Task Force members.
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